Mounishwaran v. The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 11(4), 12 of POCSO Act and Section 506(i) of IPC in Crime No. 151 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant's grand daughter fell in love with each other. The defacto complainant advised the petitioner and the victim girl, but they refused to accept the advise of the defacto complainant and the victim girl refused to break up the love with the petitioner. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner had love affair with the victim girl.

The victim girl's date of birth is 03.11.2005. The victim girl refused to go with the defacto complainant and now the victim is at home. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Even according to the prosecution, the petitioner and victim girl, aged about 17 years, fell in love with each other. Thereafter, the victim girl refused to go with her parents and now she is detained under the home.

6. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Special POCSO Court, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

15.07.2022 Lpp G.K.ILANTHIRAIYAN, J.

Lpp

Crl.O.P.No. 16453 of 2022 15.07.2022